Certain New Pneumatic Off-the-Road Tires From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2014-2015 |
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Ronald K. Lorentzen
Department of Commerce
14 October 2016
[Federal Register Volume 81, Number 199 (Friday, October 14, 2016)]
[Notices]
[Pages 71068-71071]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-24821]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-912]
Certain New Pneumatic Off-the-Road Tires From the People's
Republic of China: Preliminary Results of Antidumping Duty
Administrative Review; 2014-2015
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (``Department'') is conducting an
administrative review of the antidumping duty order on certain new
pneumatic off-the-road tires (``OTR tires'') from the People's Republic
of China (``PRC''). The period of review (``POR'') is September 1,
2014, through August 31, 2015. The Department preliminarily finds that
Xuzhou Xugong Tyres Co., Ltd. (``Xugong''), Xuzhou Armour Rubber
Company Ltd. (``Armour'') and Xuzhou Hanbang Tyre Co., Ltd.
(``Hanbang'') (collectively, ``Xugong''), made sales of subject
merchandise at less than normal value (``NV'') and that Trelleborg
Wheel Systems Hebei Co. (``TWS Hebei'') had no shipments during the
POR. The Department invites interested parties to comment on this
preliminary determination.
DATES: Effective October 14, 2016.
FOR FURTHER INFORMATION CONTACT: Keith Haynes or Mandy Mallott, AD/CVD
Operations, Office III, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone: (202) 482-5139 or (202) 482-6430,
respectively.
[[Page 71069]]
SUPPLEMENTARY INFORMATION:
Background
On November 9, 2015, the Department initiated the seventh
administrative review of the antidumping duty order on OTR tires from
the PRC.\1\ As explained in the memorandum from the Acting Assistant
Secretary for Enforcement and Compliance, the Department exercised its
discretion to toll all administrative deadlines due to the recent
closure of the Federal Government.\2\ Accordingly, all deadlines in
this segment of the proceeding have been extended by four business
days.\3\ On May 3, 2016, we extended the time limit for the preliminary
results of review by 120 days, pursuant to section 751(a)(3)(A) of the
Tariff Act of 1930, as amended (``Act''), to October 5, 2016.\4\ For a
complete description of the events that followed the initiation of this
administrative review, see the Preliminary Decision Memorandum.\5\ A
list of topics included in the Preliminary Decision Memorandum is
included as Appendix I.
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Review, 80 FR 69193 (November 9, 2016) (``Initiation
Notice'').
\2\ See Memorandum to the File from Ron Lorentzen, Acting A/S
for Enforcement & Compliance, ``Tolling of Administrative Deadlines
As a Result of the Government Closure During Snowstorm Jonas'' dated
January 27, 2016.
\3\ Id.
\4\ See Memorandum to Christian Marsh, ``Certain New Pneumatic
Off-the-Road Tires from the People's Republic of China: Extension of
Deadline for Preliminary Results of 2014-2015 Antidumping Duty
Administrative Review,'' dated May 3, 2016.
\5\ See Memorandum from Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations, to
Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and
Compliance, ``Decision Memorandum for Preliminary Results of
Antidumping Duty Administrative Review: Certain New Pneumatic Off-
the-Road Tires from the People's Republic of China; 2014-2015''
(``Preliminary Decision Memorandum''), dated concurrently with and
hereby adopted by this notice.
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Scope of the Order \6\
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\6\ For a complete description of the scope of the order, see
the Preliminary Decision Memorandum.
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The merchandise covered by this order includes new pneumatic tires
designed for off-the-road and off-highway use, subject to certain
exceptions. The subject merchandise is currently classifiable under
Harmonized Tariff Schedule of the United States (``HTSUS'')
subheadings: 4011.20.10.25, 4011.20.10.35, 4011.20.50.30,
4011.20.50.50, 4011.61.00.00, 4011.62.00.00, 4011.63.00.00,
4011.69.00.00, 4011.92.00.00, 4011.93.40.00, 4011.93.80.00,
4011.94.40.00, and 4011.94.80.00. The HTSUS subheadings are provided
for convenience and customs purposes only; the written product
description of the scope of the order is dispositive.
Preliminary Determination of No Shipments
On November 17, 2015, TWS Hebei submitted a timely-filed
certification indicating that it had no shipments of subject
merchandise to the United States during the POR.\7\ Consistent with our
practice, the Department asked Customs and Border Protection (``CBP'')
to conduct a query on potential shipments made by TWS Hebei.\8\ Based
on TWS Hebei's certifications and our analysis of CBP data and rebuttal
information, we preliminarily determine that TWS Hebei did not have any
reviewable transactions during the POR. For additional information
regarding this determination, see the Preliminary Decision Memorandum.
Consistent with our assessment practice in non-market economy (``NME'')
cases, the Department is not rescinding this review of the company, but
intends to complete the review and issue appropriate instructions to
CBP based on the final results of the review.\9\
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\7\ See Letter from TWS Hebei, ``Trelleborg Wheel Systems Hebei
Co. Statement of No Shipments during the POR: New Pneumatic Off-The-
Road Tires from the People's Republic of China,'' dated November 17,
2015.
\8\ See CBP Message Number 6207309, dated July 25, 2016.
\9\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 2011) and
the ``Assessment Rates'' section, below.
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Separate Rates
The Department preliminarily determines that information placed on
the record by the mandatory respondent Xugong,\10\ as well as nine
other separate rate applicants, Shiyan Desizheng Industry & Trade Co.,
Ltd. (``Desizheng''), Qingdao Jinhaoyang International Co., Ltd.
(``Jinhaoyang''), Weifang Jintongda Tyre Co., Ltd. (``Jintongda''),
Sailun Jinyu Group Co., Ltd. (``Sailun''), Qingdao Free Trade Zone
Full-World International Trading Co., Ltd. (``Qingdao FTZ''), Qingdao
Qihang Tyre Co. (``Qihang''), Trelleborg Wheel Systems (Xingtai) China,
Co. Ltd. (``TWS Xingtai''), Weihai Zhongwei Rubber Co., Ltd.
(``Zhongwei''), and Zhongce Rubber Group Company Limited (``Zhongce''),
demonstrates that these companies are entitled to separate rate status.
For additional information, see the Preliminary Decision Memorandum.
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\10\ The Department previously collapsed Xugong and its
affiliates Armour and Hanbang into a single entity, see Certain New
Pneumatic Off-The-Road Tires From The People's Republic Of China:
Preliminary Results Of Antidumping Duty Administrative Review; 2013-
2014, 80 FR 61166, 61167 (October 9, 2015), unchanged in Certain New
Pneumatic Off-the-Road Tires From the People's Republic of China:
Final Results of Antidumping Duty Administrative Review; 2013-2014,
81 FR 23272 (April 20, 2016). This decision is unchallenged in the
instant review; thus the Department continues to treat Xugong,
Armour, and Hanbang as a single entity.
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Rate for Non-Examined Companies Which Are Eligible for a Separate Rate
The statute and the Department's regulations do not address the
establishment of a rate to be applied to respondents not selected for
individual examination when the Department limits its examination of
companies subject to the administrative review pursuant to section
777A(c)(2)(B) of the Act. Generally, the Department looks to section
735(c)(5) of the Act, which provides instructions for calculating the
all-others rate in an investigation, for guidance when calculating the
rate for respondents not individually examined in an administrative
review. Section 735(c)(5)(A) of the Act articulates a preference for
not calculating an all-others rate using rates which are zero, de
minimis or based entirely on adverse facts available (``AFA'').\11\
Accordingly, the Department's usual practice has been to determine the
dumping margin for companies not individually examined by averaging the
weighted-average dumping margins for the individually examined
respondents, excluding rates that are zero, de minimis, or based
entirely on facts available.\12\ Consistent with this practice, in this
review, we preliminarily calculated a weighted-average dumping margin
for Xugong that is above de minimis and not based entirely on AFA;
therefore, the Department preliminarily assigns to Desizheng,
Jinhaoyang, Jintongda, Sailun, Qingdao FTZ, Qihang, TWS Xingtai,
Zhongwei, and Zhongce the weighted-average margin calculated for Xugong
as the separate rate for this review.
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\11\ See Ball Bearings and Parts Thereof From France, Germany,
Italy, Japan, and the United Kingdom: Final Results of Antidumping
Duty Administrative Reviews and Rescission of Reviews in Part, 73 FR
52823, 52824 (September 11, 2008), and accompanying Issues and
Decision Memorandum at Comment 16.
\12\ See Ball Bearings and Parts Thereof From France, Germany,
Italy, Japan, and the United Kingdom: Final Results of Antidumping
Duty Administrative Reviews and Rescission of Reviews in Part, 73 FR
52823, 52824 (September 11, 2008), and accompanying Issues and
Decision Memorandum at Comment 16.
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PRC-Wide Entity
The Department's change in policy regarding conditional review of
the
[[Page 71070]]
PRC-wide entity applies to this administrative review.\13\ Under this
policy, the PRC-wide entity will not be under review unless a party
specifically requests, or the Department self-initiates, a review of
the entity. Because no party requested a review of the PRC-wide entity
in this review, the entity is not under review and the entity's rate is
not subject to change (i.e., 105.31 percent).\14\ Aside from the no
shipments and separate rate companies discussed above, the Department
considers all other companies for which a review was requested, were
not found eligible for a separate rate based on information provided,
including Guizhou Tyre Co., Ltd. (``GTC''),\15\ Aeolus Tyre Co., Ltd.,
and Tianjin Leviathan International Trade Co., Ltd., to be part of the
PRC-wide entity.\16\ For additional information, see the Preliminary
Decision Memorandum.
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\13\ See Antidumping Proceedings: Announcement of Change in
Department Practice for Respondent Selection in Antidumping Duty
Proceedings and Conditional Review of the Nonmarket Economy Entity
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
\14\ See Certain New Pneumatic Off-the-Road Tires From the
People's Republic of China: Final Results of Antidumping Duty
Administrative Review; 2012-2013, 80 FR 20197 (April 15, 2015).
\15\ The Department notes that it previously collapsed GTC and
Guizhou Tyre Import and Export Corporation (``GTCIE''), into a
single entity and that that decision is unchallenged in the instant
review. See Certain New Pneumatic Off-The-Road Tires From the
People's Republic of China; Preliminary Determination of Sales at
Less Than Fair Value and Postponement of Final Determination, 73 FR
9278, 9283 (February 20, 2008), unchanged in Certain New Pneumatic
Off-The-Road Tires from the People's Republic of China: Final
Affirmative Determination of Sales at Less Than Fair Value and
Partial Affirmative Determination of Critical Circumstances, 73 FR
40485 (July 15, 2008).
\16\ See Preliminary Decision Memorandum. See also Memorandum to
the File, ``Preliminary Denial of Separate Rates in the Antidumping
Duty Administrative Review of New Pneumatic Off-the-Road Tires from
the People's Republic of China,'' dated concurrently with and hereby
adopted by this notice.
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Methodology
The Department is conducting this review in accordance with section
751(a)(1)(B) and 751(a)(2)(A) of the Act. Export and constructed export
prices were calculated in accordance with sections 772(a) and (b) of
the Act. Because the PRC is a nonmarket economy within the meaning of
section 771(18) of the Act, normal value (``NV'') has been calculated
in accordance with section 773(c).
For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum. The Preliminary
Decision Memorandum is a public document and is on file electronically
via Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (``ACCESS''). ACCESS is available
to registered users at https://access.trade.gov, and is available to
all parties in the Central Records Unit, room B8024 of the main
Department of Commerce building. In addition, a complete version of the
Preliminary Decision Memorandum can be accessed directly on the
internet at http://enforcement.trade.gov/frn/. The signed Preliminary
Decision Memorandum and the electronic versions of the Preliminary
Decision Memorandum are identical in content.
Preliminary Results of Review
The Department preliminarily determines that the following
weighted-average dumping margins exist for the period September 1,
2014, through August 31, 2015:
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Weighted-average
Exporter dumping margin
(percent)
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Xuzhou Xugong Tyres Co., Ltd., Armour Rubber Company 33.58
Ltd., or Xuzhou Hanbang Tyre Co., Ltd...............
Shiyan Desizheng Industry & Trade Co., Ltd........... 33.58
Qingdao Jinhaoyang International Co., Ltd............ 33.58
Sailun Jinyu Group Co., Ltd.......................... 33.58
Weifang Jintongda Tyre Co., Ltd...................... 33.58
Zhongce Rubber Group Company Limited................. 33.58
Weihai Zhongwei Rubber Co., Ltd...................... 33.58
Qingdao Qihang Tyre Co............................... 33.58
Qingdao Free Trade Zone Full-World International 33.58
Trading Co., Ltd....................................
Trelleborg Wheel Systems (Xingtai) China, Co. Ltd.... 33.58
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Additionally, the Department preliminarily determines that GTS,
Aeolus Tyre CO., Ltd., and Tianjin Leviathan International Trade Co.,
Ltd., to be a part of the PRC-wide entity.
Disclosure, Public Comment and Opportunity to Request a Hearing
The Department intends to disclose the calculations used in our
analysis to parties in this review within five days of the date of
publication of this notice in accordance with 19 CFR 351.224(b).
Interested parties may submit case briefs within 30 days after the
date of publication of these preliminary results of review in the
Federal Register.\17\ Rebuttals to case briefs, which must be limited
to issues raised in the case briefs, must be filed within five days
after the time limit for filing case briefs.\18\ Parties who submit
arguments are requested to submit with the argument (a) a statement of
the issue, (b) a brief summary of the argument, and (c) a table of
authorities.\19\ Parties submitting briefs should do so pursuant to the
Department's electronic filing system, ACCESS.\20\
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\17\ See 19 CFR 351.309(c)(1)(ii).
\18\ See 19 CFR 351.309(d)(1)-(2).
\19\ See 19 CFR 351.309(c)(2), (d)(2).
\20\ See 19 CFR 351.303 (for general filing requirements).
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Any interested party may request a hearing within 30 days of
publication of this notice.\21\ Hearing requests should contain the
following information: (1) The party's name, address, and telephone
number; (2) the number of participants; and (3) a list of the issues to
be discussed. Oral presentations will be limited to issues raised in
the briefs. If a request for a hearing is made, parties will be
notified of the time and date for the hearing to be held at the U.S.
Department of Commerce, 1401 Constitution Avenue NW., Washington, DC
20230.\22\
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\21\ See 19 CFR 351.310(c).
\22\ See 19 CFR 351.310(d).
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The Department intends to issue the final results of this
administrative review, which will include the results of our analysis
of all issues raised in the case briefs, within 120 days of publication
of these preliminary results in the Federal Register, pursuant to
section 751(a)(3)(A) of the Act.
[[Page 71071]]
Assessment Rates
Upon issuance of the final results, the Department will determine,
and CBP shall assess, antidumping duties on all appropriate entries
covered by this review.\23\ The Department intends to issue assessment
instructions to CBP 15 days after the publication date of the final
results of this review.
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\23\ See 19 CFR 351.212(b).
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For assessment purposes, the Department applied the assessment rate
calculation method adopted in Assessment Rate Modification.\24\ For any
individually examined respondent whose weighted average dumping margin
is above de minimis (i.e., 0.50 percent) in the final results of this
review, the Department will calculate importer-specific assessment
rates on the basis of the ratio of the total amount of dumping
calculated for the importer's examined sales to the total entered value
of sales, in accordance with 19 CFR 351.212(b)(1). Where an importer-
(or customer-) specific ad valorem rate is greater than de minimis, the
Department will instruct CBP to collect the appropriate duties at the
time of liquidation.\25\ Where either a respondent's weighted average
dumping margin is zero or de minimis, or an importer- (or customer-)
specific ad valorem rate is zero or de minimis, the Department will
instruct CBP to liquidate appropriate entries without regard to
antidumping duties.\26\ For the respondents that were not selected for
individual examination in this administrative review and that qualified
for a separate rate, the assessment rate will be based on the average
of the mandatory respondents.\27\
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\24\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101 (February 14, 2012)
(``Assessment Rate Modification'') in the manner described in more
detail in the Preliminary Decision Memorandum.
\25\ See 19 CFR 351.212(b)(1).
\26\ See 19 CFR 351.106(c)(2).
\27\ See Preliminary Decision Memorandum.
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Pursuant to the Department's practice, for entries that were not
reported in the U.S. sales databases submitted by companies
individually examined during the administrative review, the Department
will instruct CBP to liquidate such entries at the PRC-wide rate.
Additionally, if the Department determines that an exporter had no
shipments of the subject merchandise, any suspended entries that
entered under that exporter's case number (i.e., at that exporter's
rate) will be liquidated at the PRC-wide rate.\28\
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\28\ For a full discussion of this practice, see Non-Market
Economy Antidumping Proceedings: Assessment of Antidumping Duties,
76 FR 65694 (October 24, 2011).
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Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this review for shipments of the
subject merchandise from the PRC entered, or withdrawn from warehouse,
for consumption on or after the publication date, as provided by
sections 751(a)(2)(C) of the Act: (1) For the companies listed above
that have a separate rate, the cash deposit rate will be that
established in the final results of this review (except, if the rate is
zero or de minimis, then zero cash deposit will be required); (2) for
previously investigated or reviewed PRC and non-PRC exporters not
listed above that received a separate rate in a prior segment of this
proceeding, the cash deposit rate will continue to be the existing
exporter-specific rate; (3) for all PRC exporters of subject
merchandise that have not been found to be entitled to a separate rate,
the cash deposit rate will be that for the PRC-wide entity; and (4) for
all non-PRC exporters of subject merchandise which have not received
their own rate, the cash deposit rate will be the rate applicable to
the PRC exporter that supplied that non-PRC exporter. These deposit
requirements, when imposed, shall remain in effect until further
notice.
Notification to Importers
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping and/or countervailing duties
prior to liquidation of the relevant entries during the POR. Failure to
comply with this requirement could result in the Department's
presumption that reimbursement of antidumping and/or countervailing
duties occurred and the subsequent assessment of double antidumping
duties.
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(4).
Dated: October 5, 2016.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Preliminary Determination of No Shipments
V. Discussion of Methodology
A. Non-Market Economy Country
B. Surrogate Country and Surrogate Value Data
C. Surrogate Country
D. Separate Rates
E. Margin for the Companies Individually Examined
F. Margin for the Separate Rate Companies Not Individually
Examined
G. Margin for Companies Not Receiving a Separate Rate
H. Date of Sale
I. Comparisons to Normal Value
J. U.S. Price
K. Normal Value
L. Factor Valuations
VI. Adjustment Under Section 777A(f) of the Act
VII. Recommendation
[FR Doc. 2016-24821 Filed 10-13-16; 8:45 am]
BILLING CODE 3510-DS-P